On Point

court of appeals decision Civil Notice of Appeal and Finality of Order All final judgments or final orders entered after September 1, 2007, must include a statement that it is a final judgment or final order for purposes of appeal, but it is not “an absolute rule” that “an appeal cannot be filed from a judgment […]

court of appeals decision, review granted 3/16/10; for Forbush: Craig A. Mastantuono, Rebecca M. Coffee Post-Charge Assertion of Right to Counsel during Interrogation The mere fact that an attorney represents a defendant formally charged with a crime doesn’t bar the police from questioning the defendant; State v. Todd Dagnall, 2000 WI 82 (“Dagnall was not required […]

court of appeals decision; for Conaway: Philip J. Brehm; for Griffin: Michael S. Murphy Reasonable Suspicion for Traffic Stop, Excessive Window Tint, Generally ¶3    The window tint regulation at issue here is easily summarized. Rear window tinting is permitted only if the window allows at least 35% of light to pass through, except that the limitation does […]

court of appeals decision; for Haywood: Robert E. Haney Battery to Peace Officer, § 940.20(2), Elements It is no defense to battery-to-officer that the officer refused to leave the premises when the resident withdrew consent to enter, because acting “lawfully” is not an element of the offense: “a law-enforcement officer need not be acting ‘lawfully’ for […]

court of appeals decision; for Genevieve M.: Lora B. Cerone, SPD, Madison Appellate Notice of Appeal Contents: Failure to Identify Appealable Document; Notice of Intent as Substitute  ¶2 n. 2: The failure of the notice of appeal to correctly identify the final appealable document is not fatal to appellate jurisdiction. See Carrington v. St. Paul Fire & Marine […]

court of appeals decision; for Brown: Paul Bonneson; for SPD: Colleen D. Ball, Milwaukee Appellate No-Merit Report – Counsel Appointed by Circuit Court Rather Than SPD Issue/Holding: ¶7        The statutes referenced in Wis. Stat. Rule 809.32(1)(a), relate to the appointment of counsel by the state public defender. Thus, pursuant to Rule 809.32(1)(a), an attorney appointed […]

court of appeals decision, for McPike: Nicholas E. Fairweather Self-Incrimination – Coercion – Threat of Job Loss (Police Officer) Statement by police officer’s superior that she was “administratively compelling” him to submit to PBT wasn’t an express threat of termination, therefore State v. Vanessa Brockdorf, 2006 WI 76, controls and his ensuing statements weren’t involuntary. Why publish the […]

court of appeals decision, for Patterson: David R. Karpe Multiplicity – First-Degree Reckless Homicide by Delivery of Controlled Substance, § 940.02(2)(a) and Contributing to Delinquency Resulting in Death of Child, § 948.40(4)(a): Not Multiplicitous Based largely on State v. Jimmie Davison, 2003 WI 89 (multiple convictions for battery permissible so long as multiple batteries have been charged), […]

court of appeals decision; for Freer: Suzanne L. Hagopian Intimidation of Crime Victim, § 940.44(2), Intimidation Occurring after Complaint Filed Intimidation of a crime victim, § 940.44(2), isn’t restricted to conduct occurring before the victim reports the crime to the police but, rather, covers conduct after the complaint has been filed: ¶24 In light of […]

court of appeals decision; for Kaminski:Donald T. Lang, SPD, Madison Appellate SVP: Misconduct Evidence, § 904.04(2), Reliance on by Expert  SVP expert may rely on the respondent’s unproven prior misconduct in deriving his or her opinion. The § 904.04(2) “preliminary relevance” requirement, State v. James E. Gray, 225 Wis.2d 39, 59-61, 590 N.W.2d 918 (1999); State […]